One of the reasons that flags of convenience were created, and are still used, is that owner’s believe that US law gives seafarers too many rights, and exposes owners to too many obligations.
Seafarers on US flag ships, whether they are American or not, certainly have better pay and more rights, that most other foreign seafarer’s, which is much more costly for US owners.
The problem is that in the US the government does not protect seafarers and enforce their rights. It’s up to seafarers themselves (or their unions) to hire lawyers and file “complaints” under collective bargaining, and/or in the courts to enforce their rights.
It’s often not possible, or practical, for a seaman to find and fund a lawyer and spend years pursuing a claim in the courts.
In many ways, seaman actually have more practical protection under the MLC, than under US law, provided the flag state or port state actually enforce the law.
Last year, we saw a pathetic debacle where America seamen, on an anchored US flag ship were stranded in a US port without pay, or a way to even get ashore, much less repatriation home. The US government as both the flag state, and the port state, did absolutely nothing to help them. Their worthless scumbag union, MEBA (which many consider the best among the corrupt and pathetic US maritime unions), was very slow to respond or do anything to get the crew ashore and repatriate them. I hear that MEBA did eventually provide lawyers to get the crew paid many months later by the bankruptcy trustee.
I have heard about another recent case, where a seaman was injured on a non-union US flag tugboat owned by a scumbag Seattle company. It was not a painful or long lasting injury, and the seaman returned to work in two months, but it required very expensive medical care. The seamen’s medical insurance plan covered most of the medical expenses, but the seaman was billed by doctors, hospitals and labs for $10,000 in uncovered expenses. The seaman submitted the bills to the employer, but got the runaround for 12 months. Medical Bill Collectors harassed the seaman and his good credit was destroyed. Although a US flag employer is required to pay 100% of medical bills under the law, The employer never paid anything, and refused to submit a claim to the P&I insurer. The seaman spoke with several lawyers, but none of them would take the case because $10,000 was too small for them to make any money on it. The company eventually fired the seaman for badmouthing them about not paying his on the job injury related medical bills.
So I have to ask: Is the US really MLC compliant?
Maybe in theory, but not in reality.